Colleagues, a client wants me to represent them in small claims court for some reason (I handle litigation in NY Sup. Court for them). So, my question is, what is your billing method for small claims? They recognize there’s a difference so asked me to consider another arrangement. Flat fee per appearance or normal billable fee (0.1 increments) or other?

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Bill exactly the same, it’s the same work, same risk. If they want someone cheaper (and they should given their exposure), help them find someone cheaper. A $250/hr lawyer that’s a small claims court regular is really what they need.

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I don’t have an answer on how to bill bc that’s been above my pay grade on the few small claims cases I have dealt with for clients. But to share some perspective on small claims, expect to have at least 2-3 appearances before you can even hope to make it to the “trial part.” Every time you go, you’re before a new judge who never has the file. And good luck if you file a motion—the whole system breaks down. If you’re lucky enough to make it to the “trial part” after 2-3 appearances, the assigned trial judge will likely tell you to come back on the “next available date,” which is inevitably months later. TLDR: I would be careful with a flat fee because what seems like a small/easy case could quickly turn into a lot of wasted time. I really believe people are better off representing themselves in small claims—not just for money reasons, but also because the court is set up to be anti-lawyer.

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A1 100%

Bill the same. Why would you adjust? We’ve done this (and similar “small dollar” disputes) for big clients, and made sure to advise them that we would be happy finding counsel who could do it cheaper (and at times more effectively bc it’s their bread and butter), but they’ve stayed with us. Some clients have their reasons, and I’m not one to turn down work, just make sure to advise them correctly on the options imo.

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